Frey v. Jefferson Homebuilders, Inc.
Supreme Court of Virginia
1Opinion of the Court
SENIOR JUSTICE WHITING
delivered the opinion of the Court.
In this appeal, the primary issue is whether a statutory extension of the time for serving process applies to Rule 3:3. As pertinent, Rule 3:3 provides:
No judgment shall be entered against a defendant who was served with process more than one year after the com*377mencement of the action against him unless the court finds as a fact that the plaintiff exercised due diligence to have timely service on him.*
Alleging a breach of contract, Michael B. Frey and Patricia A. Frey, his wife, filed a motion for judgment against Jefferson Homebuilders,…
2Cases cited3 opinions
- Gilbreath v. BrewsterSupreme Court of Virginia · 1995
- Fairfax Hospital System, Inc. v. NevittSupreme Court of Virginia · 1995
- Dominion Trust Co. v. Kenbridge Construction Co.Supreme Court of Virginia · 1994
3Cited by14 opinions
- Boynton v. KilgoreSupreme Court of Virginia · 2006
- Tvardek v. Powhatan Vill. Homeowners Ass'n, Inc.Supreme Court of Virginia · 2016
- Fredericksburg Construction Co. v. J.W. Wyne Excavating, Inc.Supreme Court of Virginia · 2000
- Waterman v. HalversonSupreme Court of Virginia · 2001
- Richmond Medical Center for Women v. GilmoreDistrict Court, E.D. Virginia · 1999
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